"what Samsung needs is compelling evidence of actual misconduct by the jury"
Samsung thinks they have evidence of jury misconduct. According to Michael Harper at RedOrbit the jury foreman is married to an attorney who works at Quinn Emanuel, the law firm representing one of the parties in this case.
What is interesting to me is that the jury foreman is married to an attorney with Quinn Emanuel, the counsel for Samsung. Quinn Emanuel and Samsung must have known this before the trial.
It must have been interesting when the jury foreman went home and told his wife that he swayed the jury into a 1B judgement against her law firm's client.
"patent law is one of the most-broken parts of IP law"
U.S. patent law may be getting better. Lots of wonderful new things coming from the U.S. Patent Office as a result of the America Invents Act (AIA). My favorite is the PreIssuance Submission of Prior Art program that will be in effect in a couple of weeks. This program takes advantage of crowdsourcing -- encouring the public to submit prior art to patents under review. This will help ensure that the most relevant prior art is considered before a patent is issued, and hopefully we will not have these epic scorched-earth court battles. Another interesting program is the new administrative trials program.
People on these boards seem to be very interested in patents, and the patent office seems to love to talk about how the AIA will increase patent quality. Maybe IE Radio could get someone from the patent office to talk about the new things coming down the pipeline.
I argued the probabilty of Apple building a hybrid phone called the 'iPhone'(was so difficult to come up with the name) in 2002 at a java dev forum. So if Apple doesn't have in its records that they discussed making the iPhone before this PUBLIC discussion took place in 2002, can I file a suit for damages? I mean they can at the least call the iPhone 5 the jPhone. I'm just saying..
So how does this tie into their channel partnership? I thought for a moment that the law suit was nothing more than a GIANT publicity stunt while they both move in a new direction with new products.
Funny how we posted on the same topic almost at the same time. Yep, Apple's case won't fly in Asia. If they didn't win in the more developed countries on this side of the world, they most likely won't win in developing countries either, where pirated entertainment is still peddled quite visibly on the street.
Apple won in a US court. Over here in Asia, Samsung love is all over the place, and most likely half of court officials and staff own a Samsung product. I doubt if Apple will win any legal battles here.
Ah! The benefits of being in a developing country. You big boys can keep your IP laws to yourself.
Apple may have won a headline-grabbing victory with a jury trial in California, but it's also possible to discern an emerging pattern of losses to Samsung in Asia, in front of -- I am almost 100% certain -- a judge (or judges). Most jurisdictions, of course, do not have jury trials for patent cases.
Perhaps the prospect of gradually, and expensively, dividing the world on this issue is what has prompted "secret talks" between Sergey Brin and Tim Cook. Well, they were secret.
I think a solid case could be made out for having a panel of expert arbitrators deal with civil litigation relating to highly technical issues like patents (or banking, for that matter). In many other jurisidictions, a case like this would not be heard by a jury.
Expectations that the appeals court will overturn the verdict seem to be high, and having read the Groklaw piece, I can see some grounds. But it's by no means a slam dunk.
The jurors are the finders of fact. The appeals court is not there to do the job better. The jurors might be stupid, lazy, or slapdash. Doesn't matter. The jurors might even be a bunch of biased, Californian, Apple fan-boys. That's something which should have been dealt with at the selection stage, in which Samsung participated.
What Samsung needs is compelling evidence of actual misconduct by the jury (the foreman shooting his mouth off on TV after the fact isn't going to be enough). As long as the US has juries for these kinds of trials, the appellate level won't -- indeed shouldn't -- second guess them.
All trials are a crapshoot. And this was no exception. With the complexities involved there's sure to have been mistakes made at the trial, and an appeal will surely see some modifications made in the trial findings. It's just a shame that millions have to be spent to hammer out disagreements between corporate giants.
Can a better system be invented to prevent going to court? Both sides thought they were correct, and maybe both were in reality.
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